Political Report: Why Elections Matter--Wisconsin's Case in Point

We've often written in these pages that elections matter. But
often, it's too easy to look at that statement in the abstract--in
terms of inside-the-Beltway political maneuvering and media spin.
And that makes it too easy to forget that the outcome of elections
affects the freedom--and the lives--of real Americans. This month,
I'm going to tell you about one of those Americans.

No issue is more
mainstream than exercising and protecting the freedoms that make
America unique in the history of the world.

Meet Andres Vegas. Vegas, age 46, is an honest, hard-working
American. And on Jan. 4, 2007, he became a criminal defendant.

That night, Vegas was doing a dangerous job, but it's not one
you'll see highlighted on cable TV. He wasn't hunting terrorists in
the streets of Baghdad, fighting wildfires in the mountains of
Idaho or trapping crabs in the icy waters of Alaska. In January,
Andres Vegas was delivering pizzas in Milwaukee.

Vegas knew this was dangerous work. In March 2005, he was
robbed. He began carrying a gun--the kind of affordable pocket
pistol that gun-ban activists demonize as a "junk gun." And in July
2006, he needed it. Two masked men tried to rob Vegas, and he drew
his gun and fired in self-defense, wounding an assailant and ending
the attack.

After the attack, the district attorney declined to prosecute
Vegas for his act of self-defense--but the DA's office did send him
a letter to warn him about the legal risks of carrying a gun.

They sent him this letter because Wisconsin is one of only two
states in the country that still prohibit carrying a firearm for
lawful self-defense. The Wisconsin legislature has passed a
Right-to-Carry bill twice to change that. Each time, anti-gun Gov.
Jim Doyle has vetoed the bill, and the legislature has narrowly
failed to override the veto. A change in the governor's mansion, or
in just one or two seats of the state legislature, would have
changed Wisconsin's law--and Andres Vegas' life.

Vegas was attacked again after getting the DA's letter. In
September 2006, three men robbed him, beat him and pepper sprayed
him. He tried to run, and was punched and kicked again. This time,
following the DA's advice, he was unarmed.

You might think that would be enough for anyone, but Vegas
needed the work and refused to give in to Milwaukee's street
thugs.

That brings us to January of this year. Vegas arrived at a
customer's address and--as an added precaution against
ambush--called the customer to come outside for the pizza. But when
Vegas got out of his car, he was approached--once again--by two
armed robbers. This time, Vegas fought back. He deflected one
robber's gun from his face, then drew his own pistol and shot an
attacker in the hip. The robbers ran, dropping a gun. Vegas secured
that gun and his own, and called the police.

This time, the Milwaukee DA's office didn't respect Vegas'
decision to defend himself. Although the self-defense issue was
clear, they charged him with carrying a concealed firearm.

But as we've seen, Andres Vegas isn't one to go down without a
fight. With the able assistance of Milwaukee lawyer Craig
Mastantuono--and, I'm proud to say, help from NRA-ILA's Office of
Legislative Counsel--Vegas moved to dismiss the concealed carry
charge.

Here's where another election comes in. Less than a decade ago,
in November 1998, Wisconsin voters--by a 3-1 margin--approved an
amendment to the state constitution, making clear that the people
of Wisconsin "have the right to keep and bear arms for security,
defense, hunting, recreation or any other lawful purpose."

Based on that provision, the Wisconsin Supreme Court held in a
2003 case that a person could raise a constitutional defense
against a concealed carry charge if the defendant's "interest in
concealing the weapon to facilitate exercise of his or her right to
keep and bear arms substantially outweigh[s] the State's interest
in enforcing the concealed weapons statute," and that "concealment
was the only reasonable means under the circumstances to exercise
his or her right to bear arms."

That's a tough standard, and leaves Wisconsin citizens wondering
where they stand. Frankly, there's no way to know in advance how
your "interests" will weigh in the scales of justice. All a
Wisconsin resident can do is roll the dice on the streets.

That's what Andres Vegas did in January, and on Sept. 24--more
than eight months after the attack--Judge Daniel A. Noonan of the
Milwaukee County Circuit Court dismissed the charge against Vegas.
In a forceful opinion, Judge Noonan said Vegas had "demonstrated
the requisite extraordinary circumstances" to justify carrying a
concealed handgun. In fact, given the high crime area Vegas works
in, the three previous attacks and Vegas' lawful purchase of the
handgun for protection, Judge Noonan said he was "not convinced
that there are any reasonable alternatives that would have secured
Vegas' safety."

Where does this leave other Wisconsin residents? Unfortunately,
because the court's decision only applies directly to Vegas, it
will leave many still guessing. What jobs are dangerous enough to
justify carrying a handgun? How many times does a person need to be
attacked before the government will recognize his or her right to
self-protection? And does a citizen need to risk arrest to answer
these questions?

While the decision is a step forward that may help persuade more
Wisconsin legislators to support Right-to-Carry, the political
lesson is clear. In 1998, Wisconsin voters amended their
constitution to protect the right to arms. Between now and 2010,
they need to work, with NRA's help, to elect a governor (and more
legislators) who will help them reap the full benefits of that
right. As all of us gear up for the 2008 presidential election, we
should remember that for honest citizens--like Andres Vegas--voting
can be a matter of life or death.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.